Davis Mtn Trans-Peco v. FAA, et al, No. 07-60595 (5th Cir. 2009)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 5, 2009 No. 07-60595 Charles R. Fulbruge III Clerk DAVIS MOUNTAINS TRANS-PECOS HERITAGE ASSOCIATION, a Texas non-profit corporation Petitioner v. FEDERAL AVIATION ADMINISTRATION; MARION C BLAKEY, Administrator; MARY E PETERS, Secretary of Transportation Respondents Petition for Review of an Order of the Federal Aviation Administration 2000-ASW-01-NR Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM:* Petitioner challenges the decision by the Federal Aviation Administration to adopt a supplemental environmental impact statement (SEIS) completed by the Air Force after our remand in Davis Mountains Trans-Pecos Heritage Ass n v. FAA, 116 F. App x 3 (5th Cir. 2004) (Davis Mountains I). We held in that case that the respondents did not satisfy the National Environmental Policy Act, 42 * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 07-60595 U.S.C. §§ 4321 4370f, because they failed to address adequately wake vortex impacts and FAA comments. We are satisfied that the SEIS adequately addressed our concerns in Davis Mountains I, and that the FAA s decision was not arbitrary or capricious. See Miss. River Basin Alliance v. Westphal, 230 F.3d 170, 174 (5th Cir. 2000); 5 U.S.C. § 706. PETITION DENIED. 2
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